Articles for category: Constitutional Courts and Populism

Populist Constitutionalism and the Democratic Minimum Core

Democratic “populism” is on the rise worldwide. In the last decade, Latin America has seen a wave of populist, neo-Bolivarian political change; Hungary and Poland have seen the election of nationalist parties openly opposed to the European project; and a majority of voters in the UK have voted for Brexit.  In the US, for the first time since 1953, a candidate with no prior political experience has been elected President, and the Tea Party has continued to make inroads in controlling the Republican Party.  If recent trends continue, in countries such as France, there is also likely more change of ... continue reading

26. April 2017

Populism and the Courts

The antagonism of populist governments to apex courts is a matter of historical record, starting with Peronism, the first time that an openly populist movement established its own government. Currently, it is demonstrated by repeated conflicts between populist executive power and constitutional courts, and the often successful attempts of the former to pack and disempower the latter. Recent events in Venezuela, Israel, Hungary, Turkey and Poland indicate the attending harm to democratic government, and even these cases do not exhaust the present salience of the populist challenge that has now reached the United States. I believe that the way to ... continue reading

25. April 2017

Populist Constitutions – A Contradiction in Terms?

The meaning of “populism” is deeply contested.  It is striking, though, that many observers appear to agree on one point: whatever else it is, populism is inherently hostile to the mechanisms and, ultimately, the values commonly associated with constitutionalism: constraints on the will of the majority, checks and balances, protections for minorities, and even fundamental rights as such.  Populists are supposedly impatient with procedures; they are even said to be against “institutions” as such, preferring a direct, unmediated relationship between the personal leader and the people.  Connected with this supposed anti-institutionalism is the charge that populists dislike representation and opt ... continue reading

23. April 2017

Introduction: Constitutional Courts and Populism

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This mini-symposium is a joint project between the editors of the Verfassungsblog and the editors of I-Connect. We have brought together a number of prominent scholars, working on different issues, approaches, and regions of the world, and invite contributions by others, to tackle a pressing issue: the importance of populism for comparative constitutional law. Scholars of certain countries and regions, such as Latin America, have long been attuned to this issue. But recent events have made it a central concern for countries long thought relatively immune to its challenges, both in North America and Europe. The challenge of populism is ... continue reading

22. April 2017